Although we live in a world of noisy self-confession, privacy allows us to keep certain facts to ourselves if we choose.

The right to privacy, it seems, is what makes us civilized. (Alderman and Kennedy, The Right to Privacy, 1997) So terrifying are the possibilities of a law such as Administrative Order No. 308 in making inroads into the private lives of the citizens, a virtual Big Brother looking over our shoulders, that it must, without delay, be slain upon sight before our society turns totalitarian with each of us, a mindless robot. (Justice Romero, Ople V. Torres) Right to Privacy (the Right to be Let Alone) Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. - Constitutional Right - the right to privacy is protected by: - the due process clause of the Constitution. -right against unreasonable searches and seizures, -the right to privacy of ones communication and correspondence, and -the right against self-incrimination. -Bill of Rights

(Question: For Celebrities? Facebook? Answer: The reasonableness of a persons expectation of privacy depends on a two -part test: (1) whether by his conduct, the individual has exhibited an expectation of privacy; and (2) whether this expectation is one that society recognizes as reasonable. The factual circumstances of the case determine the reasonableness of the expectation. However, other factors, such as customs, physical surroundings and practices of a particular activity, may serve to create or diminish this expectation. (The Supreme Court, Morfe v. Mutuc) , also, seee discussion below.) -as a Tort -four types of invasion, namely: (1) Intrusion upon the plaintiffs seclusion or solitude or into his private affairs; (2) Public disclosure of embarrassing private facts about the plaintiff; (3) Publicity which places the

plaintiff in a false light in the public eye; and (4) Appropriation for the defendants advantage, of plaintiffs likeness or name. - generally invoked by natural persons (basis of right is injury to feelings and sensibilities) -corporations can invoke right against illegal search and seizures - personal right (may be waived) -ceases upon death (the law provides for the heirs, however) -The standard to be applied in determining if there was violation of the right is that of a person of ordinary sensibilities. It is relative to the customs of time and place, and is determined by the norm of an ordinary person -Intrusion -prying into the privacy of anothers residence -Criminal tresspass -The law has long held that it is illegal to peep, snoop, or eavesdrop on people in private places. -Generally, there is no invasion of the right to privacy when a journalist records, photographs or writes about something that occurs in public places. (one does not automatically make public everything he does in public.) - public persons or private persons are protected - right to privacy is superior to freedom of press in most instances (exception: matter of public importance) - no intrusion in an administrative investigation - in technological sense, hacking, wiretapping and the like are violations - matters of public record are not intrusion -Publication of private facts -right to be free from unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an individual which are outside the realm of legitimate public concern. -Elements: (1) publicity is given to any private or purely personal information about a person, (2) without the latters consent, (3) regardless of whether or not such publicity constitutes a criminal offense, like libel or defamation, the circumstance that the publication was made with intent of gain or for commercial and business purposes invariably serves to aggravate the violation of the right.

-Newsworthiness of information about a public figure is a defense. (unless with reckless disregard for the truth. -The publication of facts derived from the records of official proceedings, which are not otherwise declared by law as confidential, cannot be considered a tortious conduct -There can be no invasion of privacy if what is sought to be divulged is a product of action undertaken in the course of the performance of official functions. False Light -Defamatory (The tort of putting another in false light may be distinguished from defamation primarily because in the former the gravamen of the claim is not reputational harm but rather the embarrassment of a person in being made into something he is not) -Libel Commerical Appropriation of likenes -The tort of commercial appropriation of likeness has been held to protect various aspects of an individuals identity from commercial exploitation: name, likeness, achievements, identifying characteristics, actual performances and fictitious characters created by a performer.